Make An Informed Choice About Arbitration

In the past few months, two sophisticated in-house counsel for large public companies have made that exact comment to me in explaining why their clients tend to avoid arbitration clauses. I think that’s a mistake, and I’d like to explain why that objection and some others that I quote below are ill founded. Herewith some unsolicited advice for corporate lawyers, especially in-house counsel.

First, a bit about my perspective. I’ve been a commercial litigator for over...